Every landowner in Florida assumes a “duty of care” whenever they let other people onto their property. This requires the landowner to take reasonable precautions in order to keep those visitors safe from avoidable harm. The duty includes warning visitors about hazardous property conditions and fixing those conditions relatively quickly after discovering them. They must also minimize the risk that a lawful visitor or tenant may get hurt through another person’s criminal activity while on the property.
If you have suffered physical injury due to insufficient security practices on property owned or managed by someone else, you may want to speak with a Cocoa Beach negligent security lawyer about the possibility of civil litigation. If you can establish a landowner failed to fulfill their duty of care towards you, a skilled premises liability attorney could help you demand fair restitution for every harm you experienced from resulting injuries.
Importantly, Florida state law does not automatically hold landowners civilly liable for the consequences of every criminal act which occurs on their property. However, state law does hold landowners liable for failing to prevent or reduce the risk of “foreseeable” criminal activity, as a Cocoa Beach negligent security attorney could further explain.
In a nutshell, landowners are expected to be proactive about preventing hazardous conditions that a reasonable person would know to expect. For example, in a colder climate, a landowner might be expected to know that sidewalks often get covered with ice during winter storms and they must salt their walkways in advance to prevent that from happening.
The same logic applies to preventing criminal activity. Landowners should be aware if a particular type of crime has occurred often in the surrounding area, especially if it has occurred multiple times before on their own property. They should implement security measures like cameras, fences, improved locks, and even private security guards to minimize the risk of that crime affecting their tenants or visitors in the future. Any landowner who fails to meet this standard of behavior and allows a lawful visitor to suffer physical injury—not just property damage or loss—as a direct result could be considered legally negligent. The plaintiff can hold them liable for damages based on that negligence.
When it comes to damages, both economic and non-economic forms of harm can be factored into a settlement demand or personal injury lawsuit at the center of a negligent security claim, including:
However, there are strict time limits on filing claims of this nature. Contacting a lawyer as soon as possible should be a priority for any Cocoa Beach visitor or resident who believes they were hurt due to a landowner’s negligent security practices.
Recklessness and carelessness by a property owner can have dire repercussions for people visiting their land, especially if that irresponsibility leads to that landowner failing to prevent criminal behavior. Fortunately, anyone hurt by this type of negligence should have grounds to file suit against that irresponsible landowner and demand compensation for the harm they have sustained.
Guidance from a Cocoa Beach negligent security lawyer is going to be crucial to getting through the litigation process and maximizing your chances of achieving a positive case result. Learn more by calling today and speaking to a team member from The Umansky Law Firm.
The Umansky Law Firm Criminal Defense & Injury Attorneys